Monthly News Archives: May 2025
28 May 2025 by Benjamin Savill
In the news
The Ministry of Justice’s plan to roll out the chemical castration of convicted sex offenders has met with academic criticism, legal warnings, and comparisons to controversial schemes in other jurisdictions. The programme, announced this week by justice secretary Shabana Mahmood, is set to be piloted in twenty prisons in England and Wales as one of a number of “radical” reforms proposed in former Lord Chancellor David Gauke’s Independent Sentencing Review. Professor David Grubin of Newcastle University joined other forensic psychiatry experts expressing scepticism of the measure, saying that, although it was likely to reduce reoffending rates significantly, its “mandatory element” was “very unethical and… most doctors I know would be resistant to it.” Similar ‘Anti-Libidinal Intervention’ (ALI) schemes have been been introduced on a voluntary basis in Denmark and Germany, and mandatorily in Poland and Moldova – in the latter case, lasting for barely one year, before the country’s constitutional court quashed the measure for what it ruled as its fundamental human rights infringements. ALI programmes elsewhere have seen widespread condemnation from human rights organisations, including Amnesty International and the European Committee for the Prevention of Torture, citing in particular their violation of European Convention Articles 3 (prohibition of degrading punishment), 8 and 12 (right to private life and to found a family). Marcus Johnstone of PCD Solicitors has said that the current proposals for ALIs in the UK would lead to challenges in the courts.
Continue reading →Like this:
Like Loading...
20 May 2025 by Anogika Souresh
J v Bath and North East Somerset Council & M [2025] EWCA Civ 478 concerns an appeal of a decision by Mrs Justice Lieven. Lieven J had held that there was no need for the High Court to make an order authorising the deprivation of J’s liberty in circumstances where both J’s parents and the local authority consented to the deprivation of liberty.
J is a 14-year-old boy with a number of diagnoses, including autism, ADHD, and Pica. J lives in a specialist children’s home. J is subject to a final care order under Section 31 of the Children Act 1989 (“CA 1989”). The Court of Appeal spelled out that the “major consequence of any care order is that it gives parental responsibility to the local authority, which is shared with the child’s parent(s), but with the local authority having control over the manner in which parental responsibility is exercised [CA 1989, s 33(3)]”.
Continue reading →Like this:
Like Loading...
19 May 2025 by Jennifer Zhou
In UK News:
The Prime Minister vowed to stop Britain from becoming an “island of strangers” as the government released its immigration White Paper. Key measures include: increasing the threshold for skilled worker visas; only allowing a narrow list of occupations onto the Temporary Shortage List; ending the social care visa route; restricting the ability to bring dependants to Britain; and increasing English language requirements for visa holders and dependants.
The Assisted Dying Bill has returned to Parliament; if approved, it would allow terminally ill adults with less than 6 months to live to commit medically assisted suicide. In the committee stage, over 500 amendments to the Bill were considered and about a third approved. The changes include removing the need for High Court approval and increasing the commencement period from 2 years to 4. A second debate is scheduled for 13 June. If you want to hear more about the AD bill, particularly its “six month” clause and what that will mean in practice, tune in to Law Pod UK Episode 218 and Episode 219.
Continue reading →Like this:
Like Loading...
14 May 2025 by Georgia Bowen
In UK News
Environmental campaign group Friends of the Earth, a disability rights activist, and a victim of coastal erosion are challenging the UK government’s climate adaptation programme (‘NAP3’) in the European Court of Human Rights. Published under section 58 of the Climate Change Act 2008, NAP3 outlines the government’s objectives and policies for adapting to climate change. The claimants argue that its failings—particularly with regards to vulnerable individuals—violate their rights under the Human Rights Act 1998 and the European Convention on Human Rights (ECHR). Norfolk resident Kevin Jordan’s coastal home was demolished following damage caused by Storm Ciaran and rising sea levels, and had to be housed elsewhere by the local authority. Doug Paulley, a wheelchair user whose long-term health conditions are severely worsened by extreme heat, was concerned about NAP3’s lack of planning and funding across health and social sectors to alleviate the impact of heatwaves.
Their application for judicial review was dismissed by the High Court in October last year and they have since been refused permission to appeal. Chamberlain J rejected arguments that the policy was insufficiently specific or ambitious, holding that s.58 merely required NAP3 to ‘address’ identified climate risks not to eliminate or minimise them. The court was not obliged under s.3 of the Human Rights Act to construe the statute in a way that better promoted the interests protected by the ECHR, over an interpretation that promoted those interests less effectively. Applying Verein KlimaSeniorinnen Schweiz v Switzerland, the court found the UK’s approach fell within its margin of appreciation. For similar reasons, the judge rejected the substantive claims that the inadequacies of NAP3 were sufficient to breach their human rights to life (Article 2), private life (Article 8) and peaceful enjoyment of possessions (A1P1), nor were they discriminated against on account of their vulnerable situations (Article 14). Chamberlain J considered the Secretary of State had breached the Public Sector Equality Duty in failing to assess the impacts of NAP3 on disabled and elderly people, but declined to quash the decision on this basis. A retrospective assessment in response to the legal challenge was sufficient to discharge the obligation, because the conclusion was that the programme should remain unchanged. It remains for the European Court of Human Rights to determine whether the UK courts’ stance complies with the Convention’s principles.
Continue reading →Like this:
Like Loading...
14 May 2025 by Leo Kirby
Chamberlain J has provided new guidance on when the court may order a rolled-up hearing. The procedural point arose in the context of an ongoing piece of strategic litigation, and resulted in an interlocutory judgment in R (Al-Haq) v SSBT [2025] EWHC 173 (Admin).
Al-Haq is an independent Palestinian human rights organisation. It brought a judicial review claim to challenge various decisions of the UK government in the licensing of exports of military and dual-use goods destined for Israel for potential use in Gaza. The decisions were taken by the Secretary of State for Business and Trade. Oxfam, Amnesty International and Human Rights Watch were granted permission to intervene.
Continue reading →Like this:
Like Loading...
6 May 2025 by Rebecca Ebner-Landy
In UK News
The UK’s first transgender judge, Victoria McCloud, is bringing an action against the UK to the European Court of Human Rights over the Supreme Court’s ruling on biological sex in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. Lord Hodge, in this case, determined that the “unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex”. McCloud – one of at least two individuals who had unsuccessfully sought leave to intervene in the proceedings – is bringing the action on grounds that her Article 6 rights, which guarantee the right to a fair trial, have been infringed. She argues that the Supreme Court refused to hear her evidence about the “impact of those trans people affected by the judgement” and failed to “give any reasons” for doing so. Further, in her submission, the court had not considered human rights arguments that “would have been put by trans people” leaving her with the “nonsense” of being “two sexes at once”. In contrast, the court had heard from “protest groups speaking on behalf of women” in the case. McCloud is now seeking a declaration that “the actions of the UK government and the Supreme court judgement violate her fundamental human rights”.
In an amendment to the Border, Security, Asylum and Immigration Bill which is being considered by Parliament, the Home Office seeks to ban foreign sex offenders from claiming asylum in the UK. The amendment would affect anyone who qualifies for sex offender status. Under Article 1F of the Refugee Convention 1951 countries are entitled to refuse asylum to terrorists, war criminals and individuals convicted of a particularly serious crime who present a danger to the community. Where a conviction qualifies a foreign national for the sex offenders’ register – regardless of the length of sentence they receive – that will lead to their refugee status being denied, on the basis that they will be presumed to have been convicted of a “particularly serious crime” . The Government has said that they are “toughening [their] approach to border security through stricter enforcement of the rules”, in an attempt to make “Britain’s streets safer”. Specifically, Home Secretary Yvette Cooper has argued the amendment would ensure these “appalling crimes are taken seriously”. Steve Valdez-Symonds, at Amnesty International UK, however, has raised concerns that the Government is “rushing through late-stage amendments” to major legislations meaning that “laws are made without the full scrutiny and care they demand”. In his opinion this is an “irresponsible approach” to lawmaking.
Continue reading →Like this:
Like Loading...
Recent comments